Frame
Scope
These General Terms and Conditions of Sale («GTC») govern the creation and production services provided by OK3D, SASU represented by Jérémy Velé, for its professional clients.
They include 3D and animation services, graphic design, visual identity, web design, web integration, marketing visuals and, more broadly, any creative service specified in a quote or commercial proposal.
Creative studio · 3D, design & digital
- Representative
- Jeremy Velé
- SIRET
- 913 776 803 00011
- Location
- Rueil-Malmaison, France
- Contact
- contact@ok3d.fr ↗
In the event of any conflict between these General Terms and Conditions and any specific conditions expressly provided for in the quote or contract, the latter shall prevail for the service concerned.
Commitment
Quote & order processing
Each mission is subject to a quote, proposal or written agreement specifying as much as possible the scope, deliverables, price, indicative deadlines and specific terms of service.
Brief
The need, uses, constraints and available elements are defined with the client.
Estimate
The scope of production and deliverables are formalized before the start.
Validation
The order becomes firm after written acceptance of the quote and, where applicable, payment of the deposit.
Any request not included in the initial scope may be subject to a supplementary quote. When a project is concluded via a third-party platform, the terms and conditions specific to that platform apply to the operations it governs, including payment, without prejudice to these General Terms and Conditions for the remainder of the service.
Regulations
Pricing, invoicing & late payment
Prices are expressed in euros. The applicable VAT regime, any deposits, payment deadlines and payment methods are those indicated on the quote and/or invoice.
- Deposit
- A deposit may be required before work begins. Its amount and due date are specified in the quote.
- Pay
- The balance is due according to the payment schedule indicated on the quote or invoice. Unless otherwise stipulated, the statutory payment terms applicable between professionals apply.
- Discount
- No discount for early payment is given unless otherwise stated in writing.
- Delay
- Any delay in professional payment will automatically and without prior notice result in penalties calculated at the applicable European Central Bank refinancing rate plus 10 points, without being able to be less than the legal minimum.
- Recovery
- A fixed fee of €40 for recovery costs is payable by any business customer who is late in making a payment. Additional compensation may be claimed upon presentation of supporting documents when the actual costs incurred are higher.
In the event of non-payment or significant delay, OK3D may suspend the execution of services and the delivery of deliverables until regularization, without this suspension being attributable to it as a production delay.
Creation
Production process
OK3D freely organizes the technical and creative resources necessary for the completion of the project, in compliance with the approved brief and the agreed deliverables.
The dates provided are planning targets, unless a firm deadline has been expressly agreed upon in writing. They assume that the client will provide the necessary content, approvals, and information on time.
An intention validated
References, mood boards, mock-ups, storyboards, framing or early versions may be submitted for validation depending on the nature of the project.
The perimeter includes
The corrections included are those specified in the quote. A modification of the brief, a late return to an element already approved, or an additional request may be charged extra.
Feedback helps us move forward
A delay in validation, content transmission or client response can shift the initial schedule accordingly.
Collaboration
Customer obligations
The client agrees to provide accurate information and the elements necessary for the completion of the mission: content, texts, files, references, dimensions, technical constraints, access or validations.
He guarantees that he has the necessary rights and authorizations on the elements that he provides to OK3D, including logos, trademarks, photographs, models, music, texts, 3D files and other content belonging to third parties.
The client remains responsible for the final validation of content, information, mentions, technical data, spelling, dimensions and uses before their distribution or manufacture when they fall under their responsibility.
Finalization
Delivery, formats & validation
Deliverables are provided in the formats specified in the quote. Working files, source files, 3D scenes, native files, libraries, scripts, or intermediate elements are only provided when expressly included in the order.
- Delivery
- By download, email, shared space, website put online or any other means agreed with the client.
- Verification
- The client is asked to promptly check the deliverables and report any non-conformity with the validated scope.
- Archiving
- OK3D is not obligated to retain production files indefinitely after delivery. The client must save the deliverables provided to them.
Creations
Intellectual property & right of presentation
Unless otherwise specified, all creations, research, and working files remain protected by intellectual property law. The transfer or licensing of these rights to the client occurs within the scope expressly defined in the quote and only after full payment of all sums due.
Elements prior to the mission, as well as third-party tools, methods, templates, scripts, plugins, fonts, software, libraries and resources, remain subject to their own rights and licenses.
Unless otherwise agreed, there is an embargo, NDA, or written objection from the client, OK3D may present the work after its publication or public dissemination, including on its portfolio, social networks, and communication materials, crediting the client when relevant.
The author's moral rights remain with their owner in accordance with French law. Any use exceeding the expressly granted rights may require additional authorization.
Project evolution
Postponement, interruption & cancellation
If the client postpones, suspends or cancels the mission after it has started, the work already carried out, the costs incurred and the steps reserved or executed remain due according to the progress of the project and the specific conditions of the quote.
When the continuation of the project becomes impossible due to a prolonged lack of elements or validations from the client, OK3D may suspend the schedule and propose a new resumption date based on its availability.
Neither party shall be held liable for any failure directly caused by a force majeure event as defined in Article 1218 of the French Civil Code. The parties shall then consult with each other to adjust the schedule or, if this is not possible, to terminate the unfulfilled portion of the engagement.
Boundaries
Responsibility
OK3D undertakes to perform the services carefully and in accordance with professional practices, based on the information and elements provided by the client.
OK3D cannot be held responsible for consequences related to erroneous or incomplete information provided by the client, the use of deliverables outside the intended scope, modifications made by a third party after delivery, or malfunctions originating from third-party services, software, hosting providers, platforms, or components.
To the extent permitted by law, OK3D's liability is limited to direct and foreseeable damages resulting from a proven breach. Indirect losses such as loss of revenue, business, data, opportunity, or reputation are excluded where such exclusion is legally permissible.
Applicable law
Claims & Dispute Resolution
These General Terms and Conditions and the contractual relationship with OK3D are governed by French law.
In case of difficulty, the parties agree to first seek an amicable solution. Any complaint may be addressed to contact@ok3d.fr specifying the mission concerned and the elements useful for its processing.
In the absence of an amicable agreement, the dispute falls under the jurisdiction of the competent courts according to the rules applicable to the status of the parties and the nature of the contract.
This version of the General Terms and Conditions is written primarily for OK3D's B2B relationships. If a service is sold to a consumer, the mandatory provisions of the Consumer Code, in particular those relating to pre-contractual information and, where applicable, the right of withdrawal, remain applicable.
Before we begin
One point to clarify
on your quote?
The specific conditions of a mission can be adapted directly in the quote so that the scope, deliverables, deadlines and rights are clear before launch.
contact@ok3d.fr